&60 ~.' ;,;Y.:.. ' ,.. ""c:." ;:,.b 'Lr'\ld 'I';;~~~ -~fl~",J;, m

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK----------------------------------------------------------------"MITRE SPORTS INERNATIONAL LIMITED,

Plaitiff,n..'. h, ~ fA

.. ~il1\,'"ri! . .,",;p. '~

;t L:1 tc-, i\,.~

v.

HOME BOX OFFICE, INC.,

Defendant.----------------------------------------------------------------"

On September 16, 2008, the Home Bo" Office, Inc. ("HBO") program "Real Sports with

Bryant Gumbel" broadcast on cable television ("broadcast" or "air"ed ) in the United States for

the first of many times, a featue varously titled "Childhood Lost" or "Children of Industr"

depicting children stitching soccer balls in two Indian cities, Jalandhar and Meerut. The children

were varously portayed as being paid 5 cents per hour, or nothing at all, since many were said

to be bonded laborers working to repay loans given to their parents by soccer ball manufactuers.

The program detailed inhumane working conditions and the children's loss of schooling, hope,

and their very childhood.

Despite e"plicitly stating that Real Sports had found "at least 1 0 international brands" of

soccer balls being stitched by children, the report falsely, maliciously, and intentionally mentions

and targets one and only one brand, MITRE. Mitre Sports International Limited ("Mitre"), a

company which has played a leading role in the international effort to eliminate child labor in the

manufactue of soccer balls, does not permit child labor. Mitre obtained and presented HBO

proof of the falsity of the program's statements concernng Mitre prior to its first broadcast.

Childhood Lost falsely, intentionally and maliciously perpetrates a hoa) on Mitre and the

i 08924.2

millons of viewers who watched the initial and subsequent HBO broadcasts and who have

viewed the program on Y ouTube and other internet sites.

HBO refused Mitre's request that the report not air until Mitre could fully demonstrate

the false and defamatory natue of the allegations concernng Mitre. After the first broadcast,

HBO refused Mitre's demand that it cease additional broadcasts and secondar distrbution of

the report and its contents. This action for libel follows HBO's reckless and uneasonable

refusals and multiple and continuing publications of its hoa), Childhood Lost.

I. NATURE OF THE ACTION

1. This is an action for libel under the Common Law and the laws of New York

State arsing from HBO's false, defamatory and malicious statements concernng Mitre. Mitre,

by its undersigned attorneys Constantine Canon LLP, seeks permanent injunctive relief and

both compensatory and e)(emplar damages and alleges as follows, based on facts as to itself,

and upon information and belief as to others.

II. PARTIES

2. Plaintiff Mitre is a privately held corporation, registered in England and Wales,

with its principal place of business in London, England. Mitre manufactues soccer balls and

other soccer equipment and clothing which are sold in the United States and throughout the

world.

3. Defendant HBO is a Delaware corporation with its principal place of business in

New York, New York. HBO is the leading pay-TV network in the United States. HBO has a

subscriber base of appro)(imately 40 millon households. HBO programing, including the Real

Sports featue Childhood Lost at issue in this action, is viewed by milions of people in the

United States as well as people in more than 150 foreign countres.

2 i 08924,2

III. JURISDICTION AND VENUE

4. This Cour has jursdiction over ths action pursuant to 28 U.S.C. 1332(a)(2) as

Mitre is a citizen of the United Kingdom, HBO is a citizen of Delaware and the amount in

controversy e)(ceeds $75,000.00, e)(clusive of interest and costs.

5. This Court has personal jurisdiction over HBO pursuant to New York Civil

Practice Law and Rules 301 and 302(a). HBO is headquarered in and maintans e)(tensive

business offces and facilities in ths Distrct, has consented to receive process in this Distrct,

regularly transacts business in ths Distrct, contracts to supply goods and services in this

Distrct, and owns, uses and possesses real propert in ths Distrct.

6. Venue is proper and convenient in ths Distrct under 28 U.S.C. 1391 (a)(1) and

(2).

IV. FACTUAL ALLEGATIONS

7. On September 16, 2008, the HBO show Real Sports containing the featue

Childhood Lost was first broadcast to HBO subscribers in the United States. Childhood Lost, in

its entirety, is appended to this complaint in two forms, that is, the actual video presentation and

a verbatim transcription of the audio portion. These respectively are e)(hibits "A" and "B" to ths

complaint. All quotations in ths complaint from this point forward are quotations from

Childhood Lost unless otherwise specifically noted.

8. Childhood Lost is an appro)(imately 21 minute length featue concernng the

purorted use of child labor in the manufactue of soccer balls in the cities of Jalandhar and

Meerut, India.

9. Childhood Lost describes the "distubing details" of the lives of children stitching

soccer balls including that:

they are "some of the poorest children on ear";

3 108924.2

they are "as young as 6 (and) spend their days crouched on dirt floors stitchingsoccer balls together for pennes a day if they're lucky, and for nothing at all ifthey're not";

"they don't go to school, they have no time to play, even they (sic) canot eatproperly because they have to work hard for 10, 12, 15 hours a day. ";

"They have no childhood. They have no freedom. They have no human dignty."

1 O. Childhood Lost describes and shows children makng soccer balls in two cities,

Jalandhar, in the Indian state of Punjab, where HBO claims they are paid 5 cents an hour for their

work and Meerut, in the Indian state of Uttar Pradesh, where they are bonded laborers working to

repay their parents' debts to soccer ball manufactuers. As such they are paid nothing and likely

doomed to a life of bondage, described in the program as "slavery." This "slavery" wil e)Ctend

beyond their childhoods and deaths "generations to generations."

11. Childhood Lost provides the viewer many purorted facts and bases to convince

the viewer that HBO has uncovered something that soccer ball manufacturers, United States

retailers, the governent of India and the U.S. Deparent of Labor either don't know about or

have countenanced by not trng hard enough to discover. Real Sports host Bryant Gumbel says

in Childhood Lost, "when they say they investigated it, are they just lousy investigators or are

they lying?"

12. Among these purported facts and bases ofHBO's self-aggrandizement are several

which demonstrate that beyond the false and defamatory natue of the statements about Mitre,

Childhood Lost was maliciously wrtten and edited to single out Mitre for false and defamatory

treatment. Ths hoa) is also a hatchet job.

13. Childhood Lost states that "(w)e found at least 10 international brands being

stitched by kids here (Jalandhar)."

4 1 08924.2

14. Childhood Lost also states that "(i)n the New York area we were able to buy

several brands of balls that we saw being made by children in India."

15. Despite these statements, Childhood Lost mentions one and only one brand,

MITRE, and does so 16 times.

16. Childhood Lost tells its story though video footage and interviews of children in

Jalandhar and Meerut. The first ofthese children is a "12" year old girl from Jalandhar named

"Manjit" Kaur, although the program uses only her first name.

17. Manjit is shown stitchig Mitre soccer balls. Viewers are told she ears 5 cents

an hour for her work, "her back aches and her eyes hur" and Manjit says "I have no choice but

to work. I can't go to schooL. I have to work because my grandparents are very old and we are

very poor."

18. After Childhood Lost aired for the first time, Mitre obtained a filmed interview

with Manjit demonstrating that Manjits HBO performance was just that, having been induced by

promises of money and celebrity to make believe she was a child laborer engaged in the stitching

of Mitre soccer balls. Mitre also obtained an affidavit from Sohan Lal, Manjits uncle and

guardian, stating that Manjit has completed studies up to "6th standard," that neither she nor any

of Mr. Lal's other children, nor he nor his wife, have ever stitched soccer balls and that Manjit

had been promised 100 rupees to pose in a video. He e)Cpresses sadness and hur that Manjit has

been manipulated in this maner. The video clip and transcript ofManjit's interview are

appended to this complaint as E)Chibit C. Sohan Lal's affdavit is appended to this complaint as

E)Chibit D. On October 1, 2008, Mitre informed HBO ofManjit's video interview and Sohan

Lal's affdavit. i

Letter from Lloyd Constantie, Attorney for Mitre, to Bil Nelson, HBO Chairn and CEO (October 1,2008), appended to ths complaint as Exhbit E.

5 108924,2

19. Childhood Lost portays two other children makng Mitre soccer balls in

Jalandhar, the brothers "Deepoo (sic)" and "Aman" Singh, ages 13 and 10 respectively. Here,

again, only the children's first names are used in the program.

20. After Childhood Lost aired for the first time, Mitre obtained a filmed interview of

these two children stating that they have never stitched any soccer balls. Mitre also obtained an

affidavit from the children's father, Surit Singh, stating that the children were induced by a

promise that they would appear on television to make believe that they were child laborers. He

registers his anger about the e)Cploitation of his children in this maner. The video clip and

transcript ofDeepak's and Aman's interview ar appended to this complaint as E)Chibit F. Mr.

Singh's affdavit is appended to this complaint as E)Chibit G. On October 1,2008, Mitre

informed HBO ofDeepak's and Aman's video interview and Surit Singh's affdavit. See E)Chibit

E.

21. While those three children, Manjit Kaur, Deepak Singh and Aman Singh, are the

only three named children shown and described as stitching Mitre soccer balls in Childhood

Lost, prior to its first airing, HBO sent to Mitre stil-shots of two children -- Preeti and Savita

Singh -- from the anticipated broadcast. In response and prior to the first airing, Mitre obtained

and showed HBO a video interview (with translation) ofPreeti and Savita stating that they had

been induced to make believe that they were child soccer ball laborers for a video, with the

inducement that they would appear on television. The video interview and transcript ofPreeti

and Savita Singh, ages 11 and 7 respectively, are appended to this complaint as E)Chibit H. The

affidavit of their mother, Prema Singh, is appended to this complaint as Emibit I.

22. When Childhood Lost shifts from Jalandhar to Meerut, India, the story is told

through interviews with Hermeet Kumar, a 10 year old bonded laborer. Hermeet wil stitch

6 108924.2

soccer balls, likely for his entire childhood, in what is predicted to be a vain attempt to repay less

than $100 advanced to Hermeet s mother to buy medicine, in what was a futile attempt to save

the life ofHermeets (since deceased) infant brother. Hermeet is shown stitching soccer balls.

However, unlike the Jalandhar footage, purortedly involving Mitre, the brand ofthe balls being

stitched by the enslaved child is neither shown nor mentioned.

23. After footage ofHermeet Kumar is shown, Childhood Lost shows many other

unnamed children both stitchig and delivering finished soccer balls in Meerut, but never shows

the brands of these balls nor mentions the names of these brands.

24. No Mitre soccer balls are made in Meerut, India, nor have they ever been, but the

clear and malicious intent of Childhood Lost is to convey the impression that Hermeet Kumar

and the other debt-bonded child laborers in Meerut stitch Mitre soccer balls. Childhood Lost

accomplishes this by "sandwiching" the Meerut segment, in which the soccer ball brands are

known but never mentioned, between two segments filmed in Jalandhar where Childhood Lost

mentions and/or shows Mitre's brand 10 times, though it never mentions or shows the known

names of at least 9 other brands of soccer balls purortedly stitched by child laborers in

Jalandhar.

25. Childhood Lost shifts from the Meerut segment back to J alandhar with a

transition linkng the two different places and different sets of practices in a maner that all but

eliminates any perception of those differences. These differences are all the more signficant as

the manufacture of soccer balls in Jalandhar, where Mitre soccer balls are made, is monitored by

the Sporting Goods Federation of India, an organzation of manufactuers committed to

eradicating child labor. No such monitoring is present in Meerut, where Mitre soccer balls are

not made.

7 108924.2

26. Charlotte Ponticell, a U.S. Labor Departent offcial is confronted with Real

Sports' evidence of indentued labor in Meerut and observes that "(o)ne of the biggest hurdles

you face addressing this problem is the fact that so much of it is hidden."

Real Sports' reporter Bernard Goldberg: "You're saying it's hard?"

Ponticelli: "It's very hard"

Goldberg: "It may in fact be very hard. But Real Sports was able to walk right into astitching center in Jalandhar, where 4 kids not much older than 10 wereworking for pennies a day. They were stitching MITRE Cobra model balls,size 4, in blue and white. . . ."

27. Some of the reasons HBO singled out Mitre in this hoa) become obvious from

viewing Childhood Lost. These include the stated fact that "Mitre, which is based in London,

has been the e)Cclusive ball of the most prestigious league in the world, the English Premier

League." Similarly, the report states that Mitre is the e)Cclusive ball of "America's pro league,

Major League Soccer." Also, the report notes that Mitre has been the industr leader in

combating child labor, noting that in "the 1990's after widespread child labor was uncovered in

Pakstan's soccer ball industr, Mitre called a sumit of the world's biggest soccer ball makers

and they all pledged to stop using child labor." All this, Mitre's size, foreign home and

ownership, worldwide name recogntion, former association with premier leagues, and even

Mitre's leadership in preventing child labor made Mitre a convenient target for Childhood Lost,

with its overarching assertion that Real Sports has blown the whistle on shocking conduct that

governents and industr publicly abhor but are too lazy or too stupid to discover, though it's

right there in front of their eyes. As Childhood Lost states, child labor is "hidden in plain sight"

and "clearly they are all letting it happen."

28. Similar in this respect is Childhood Lost's spotlight on Wal-Mar, on whose

shelves the previously mentioned MITRE Cobra balls were found. The program states that Wal-

8 108924,2

Mar is the nation's largest retailer, and indeed it is the largest corporation in the world and

another leader in the fight against child labor. Because ofthat Wal-Mar becomes another

convenient target. Indeed, Mitre was more convenient th any of the "at least" 9 other soccer

ball brands that the report clais to know are employig child labor in Jalandhar or the known

but unamed brands being stitched by the enslaved children of Meerut. It was so convenient to

target Mitre that HBO maliciously used information that it knew was false. Mitre demonstrated

to HBO the falsity of the footage dealing with Mitre before the initial broadcast on September

16, 2008 and subsequently when Mitre demanded cessation of additional broadcasts and

corrective measures.

29. One other factor is manfest in HBO's design to defame Mitre. HBO assumes

that it can get away with this hoa) because it was perpetrated using children in remote regions of

a remote country. Therefore, HBO assumes and asserts that their trthful testimony and that of

their guardians wil be unavailable and/or inadmissible in an American court. In refusing Mitre's

demand that it desist from fuher broadcasts of Childhood Lost and tae corrective measures,

HBO stated "we do not believe that Mitre wil be able to car its burden to prove by clear and

convincing evidence, admissible in a United States court, that the 'gist' or 'sting' of the Segment

is false, let alone that it was distrbuted with actual malice.,,2

30. Whle some ofHBO's motive and strategy in perpetrating this hoa) is known,

much is not known.

31. Among other things not known is the relationship between HBO and other soccer

ball manufacturers and the role such relationships had in the intentionally deceptive formulation

of the final script for Childhood Lost.

Letter from Stephanie S. Abmty, HBO Vice President and Senior Counel, to Lloyd Constatie,Attorney for Mitre (October 6, 2008) (emphasis added), appended to ths complaint as Exhbit J.2

9 108924.2

32. Childhood Lost's statements and portayals of Manjit Kaur, Deepak and Aman

Singh, and unamed other children employed stitchig Mitre soccer balls in J alandhar are false

and defamatory and were broadcast with malice and intentional disregard for the trth.

33. Similarly, false, defamatory and malicious is Childhood Lost's portayal of

conduct in Meerut, India, intended to convey the impression that Mitre balls are stitched in that

city by debt-bonded children, though HBO knows that is not tre and fuher knows the brands

of soccer balls actually manufactured using child slave labor in Meerut.

34. The false, defamatory and malicious statements and depictions in Childhood Lost

include the following:

Man iit

Goldberg: "Manjit is an orphan who lives with her grandparents. She's also a full-timesoccer ball stitcher and she's only 12."

Manjit: "I have no choice but to work. I can't go to schooL. I have to work becausemy grandparents are very old and we are very poor."

Goldberg: "And how much does she ear for her work? About a nickel an hour. It'LLtae her 3 hours to finish ths ball, so Manjit wil make 15 cents for a ballthat might sell for $15.00."

* * *

Goldberg: "The children can start young, as soon as they can hold a needle and thread.But the work makes them old before their time. Hunched over all day,staring at pin sized holes, Manjit says her back aches and her eyes hurt.Then there are the tools of the trade."

Children's Rights Advocate,Kailash Satyarhi: "They canot make small mistake otherwise they wil cut their

fingers and they keep on working with their injured fingers all day.Because if they are not able to complete the work given to themthey have, ah, to be punshed for that. Their money wil bededucted. "

Goldberg: "Money would be deducted?"

10 108924,2

Satyarhi: "So, so, yeah, 5 cents would be deducted."

Goldberg: "Really?"

Satyarhi: "Something like that, but it is a big thing for them."

Goldberg: "Big for them maybe, not so much for the brands they're stitching for.Manjit is makg the ball for Mitre, one of the biggest soccer brands in theworld, the preferred brand of the pros." (Manjit is shown sewing a MITRE-stamped soccer balL.)

DeeDak and Aman

Goldberg: "We met dozens of kids makng Mitre balls in Jalandhar, like the brothersDeepoo (sic) and Aman. And it's not just Mitre. We found at least 10international brands being stitched by kids here, kids for whom the fine printon many of those balls means absolutely nothing. Fine print that promisesthat they are made without child labor." (Deepak and Aman are shownsewing MITRE-staped soccer balls.)

Satyarhi: "We see it quite often. 6 year old, 7 year old children are putting the labelson the soccer balls that says, 'free of child labor.' And these labels are thepar of their, you so called policy."

Goldberg: "Well, a label that says no child, this ball was made with no child labor,which is stitched onto the ball by a child is what we call ironic."

Satyarhi: "Yeah."

Goldberg: "But I have a feeling you'd have a different description for it."

Satyarhi: "It's criminaL."

Meerut and Debt-Bonda2:e

Goldberg: "Meerut is even poorer than Jalandhar and hides an even darker secret,because most of the children who stitch soccer balls here don't make pennesan hour, they make nothing at all, and they have no choice in the matter.There's a word for this sort of thing Satyarhi says."

Satyarhi: "This is slavery."

Goldberg: "You're callng this slavery."

Satyarhi: "I call it slavery. I underline, it's slavery. Nothing else."

11 108924.2

Goldberg: "Hermeet Kumar is 1 0 years old. Most kids his age have hopes and dreams.His are all in the past tense."

Kumar: "I wanted to be like you when I grew up."

Goldberg: "By that he means educated and free, two things he'll probably never be, notsince his family sold his freedom for less than $100.00. It happened lastspring when Hermeet's baby brother got sick and needed medicine to live.Their mother needed a loan and with no other choice, she got one from thelocal soccer ball maker in e)Cchange for Hermeet's freedom."

* * *

Goldberg: "The good news is that Hermeet wil go free once he works off the loan.The bad news? That'll probably never happen. The soccer ball makers lendout money at e)Corbitant rates, something the uneducated vilagers tend tolear the hard way."

Mother ofHermeet Kumar: "The loan has already doubled from the interest in only a few

months. He makes soccer balls every day but it doesn't reallyhelp. In fact, the loan only grows, so how can we pay it back?"

Goldberg: "So the children are giving up their childhood in order to payoff a debt thattheir parents incurred and a debt, not for some lu)Cury item, but maybe formedicine because of an illness in the family?"

Satyarhi: "E)Cactly. It's not they are giving up their childhood, their childhood isrobbed off, their childhood is taken away."

Goldberg: "What happens when the children get older and they haven't worked off thedebt? Do their brothers and sisters have to take over or anything like that?"

Satyarhi: "Oh, even their own children have to do it."

Goldberg: "No."

Satyarhi: "Yeah, it goes on generations to generations."

Goldberg: "There's a techncal term for this: debt bondage. And in Meerut, one of themost desperate places in India, it's as common as it is ilegaL. Rhenu hasbeen in bondage for 4 years since she was 8."

Rhenu: "I sit everyday, morning to evening, just working. There's never time toplay. And it's all for nothing, the work never ends. in could go to school, Icould become something, but as it is I wil not amount to much."

12 108924,2

Goldberg: "And unless something changes Hermeet Kumar won't amount to mucheither. . .. Hermeet wakes up each morning not to go to school, but todeliver finished balls to his master - a subcontractor who works for thesoccer ball makers."

Imediately preceeding, durg, and after the Meerut segment of Childhood Lost, Real

Sports states that Mitre uses child labor in Jalandhar. The intent of this studiedju)Ctaposition is

clear. By not mentioning any soccer ball manufactuer other than Mitre (though "at least" 9

others are known to Real Sports), and by linking Mitre's name with the Meerut segment, the

report creates the false perception that Mitre uses child slave labor in Meerut. Ths false

perception is e)Cacerbated by Real Sports' failure to name the soccer ball brands made by

children in Meerut, although those brands are known to Real Sports.

Other Children in Jalandhar and Wal-Mart

Goldberg: "Real Sports was able to walk right into a stitching center in Jalandhar where4 kids not much older than 10 were working for pennes a day. They werestitching MITRE Cobra model balls, size 4, in blue and white, each printedwith the same UPC code, the first 5 digits 29807, the unque number weleared, for all Mitre balls bound for the United States. And that's justwhere we found them, on the shelves of the biggest retailer in the countr:Wal-Mar. The UPC code on the balls was the same as the number in India.Wal-Mar, like Mitre, has an official policy banng products made bychildren. Wal-Mar wil not tolerate child labor, it says. But, it's not onlyWal-Mar. In the New York area we were able to buy several brands of ballsthat we saw being made by children in India. And federal import recordsreveal scores of shipments of balls from India's soccer cities to America'sports over the past two years."

These statements are accompaned by footage of several children stitching MITRE-

stamped soccer balls followed by close-up shots of a UPC bar code. Ne)Ct, MITRE Cobra model

balls, size 4, are shown purportedly on the shelves ofWal-Mar with close-up shots of a

matching UPC bar code.

13 108924.2

"Guilty Parties"

Gumbel: "(G)overnents, manufactuers and retailers all say they abhor the practiceof child labor. Yet clearly, they are all letting it happen."

* * *

Gumbel: "There are clearly lots of guilty paries here. But, but, where do we, wheredo we assign most of the blame?"

Goldberg: "Right, that's a very, that's a very good question and it's a very difficultquestion for this reason. Are we, are we supposed to believe that Mitre, forinstance, which is just one of many companies that are involved in ths, ah,are we supposed to believe that Mitre, an international company based inLondon, is going to know what is happening on a side street in Jalandhar,India? It's hard. It's very hard."

Gumbel: "I understand that, but when they say they investigated it, are they just lousyinvestigators or are they lying?"

Goldberg: "Well, let me answer it this way. I, I don't believe they're lying. I honestlybelieve and I don't think I'm nave, I honestly believe that Mitre and all theother companes would like this to be wiped out once and for all. Havingsaid that, we're a television program. We don't have subpoena powers. Wedon't have guns. We don't have badges. We can't walk in and telleverybody to get their hands up on a wall. But we found it. We found it."

Gumbel: "That's what I said. How good can their investigation be? How hard canthey be trng?"

35. HBO broadcast Childhood Lost to at least five different audiences through five

HBO chanels at varous times on the evening of September 16,2008 (HBO-MTN East, HBO-

Central, HBO-East, HBO-Pacific, and HBO-MTN West). Over the following weeks, from

September 16 to October 7, HBO broadcast Childhood Lost to an additional 51 different

audiences, showing the defamatory report at varous times throughout the day on the

aforementioned chanels, as well as on HB02-East and HB02-West. A table identifyng each of

these broadcasts is appended to ths complaint as E)Chibit K.

14 i 08924,2

36. HBO also has made Childhood Lost available through HBO On Demand from

September 22, 2008 through October 26, 2008. This service allows any HBO subscriber to

choose to watch the program at their convenience, resulting in a potentially unimited number of

separate broadcasts.

37. Since HBO's initial publication, Childhood Lost has been transmitted on the

popular video-sharng website, ww.YouTube.com. spawnng thousands or even millons of

viewings. And Childhood Lost is being transmitted through other internet sites, apparently under

the direction ofHBO. The website ww.fancast.com. for e)Cample, allows a viewer to search for

Childhood Lost on that website and then navigate through the website directly to HBO On

Demand. Another website, ww.hulu.com. offers a similar service - again, with the apparent

approvalofHBO.

38. The defamatory statements in Childhood Lost have been repeated and discussed

in on-line news reports, internet blogs and message boards, and other internet sources. Some of

the known re-publications of these defamatory statements are curently found at the following

websites: htt://ww.mysoftarestartp.comllogs/ general/archive/2008/09/16/child-labor-

india-soccer-balls-amp-walmar.asp)C;

htt://geekswithblogs.net/rwalker/archive/2008/09/16/child-labor- india-soccer-balls-amp-

walmar.asp)C; htt://ww .laborrghts.orglstop-child-labor/foulball-campaignl 734;

htt://laborrcltsblog. tvoepad.com/international labor right/2008/1 O/modern-dav-slav.html;

htt://soccer.fanouse.com/2008/09/16/indian-child-labor-e)CPloited- in-production-of-soccer-

balls/; htt://ww.fangsbites.com/2008/09/review-of-real-sports- for-091608.html;

htt://ww.miltarhotos.net/forus/showthread.php?t= 143129; and

htt://boards.hbo.com/topic/Real-Sports- Member/916- Episode-13 8/19000085 31.

15 108924.2

39. As a direct and pro)Cimate result ofHBO's conduct set out above, Mitre has

suffered and continues to suffer substantial damage to its name, mark, business and reputation.

Shortly after the initial airing of Childhood Lost, Wal-Mar, the largest retailer of Mitre balls in

the United States, removed all MITRE Cobra soccer balls from its shelves. Modell's Sporting

Goods, another large sporting goods retailer, has removed all Mitre sporting equipment from its

stores.

40. Mitre has also received hundreds of complaits from customers and the public in

response to HBO's multiple airings of Childhood Lost and its republication through internet and

other outlets. One such complaint from Brandon Lawrence of Westervile, OH reads: "I just

watched the Childhood Lost segment on HBO Real Sports and was appalled at seeing your

soccer balls being produced by Indian children. . . . I wil not be purchasing your products at any

point in the futue and wil urge others to do the same. Mitre's motivation to line its pockets and

rob these children of meaningful lives tus my stomach.,,3 Amy Smith of Ohio wrtes: "Your

company uses slave and child labor. . .. I am ashamed that my daughter's (sic) have used Mitre

balls made by other children. ,,4 Krstian Re)C of the Massachusetts Youth Soccer Association

wrtes: "How can you sit in your ivory tower and allow your soccer ball sub-contractors (Rohan

for one) to subject the tiny children of India to debt bondage, slavery and obscene child labor

criminality?"S Brian W. LaCorte ofPhoeni)C, Arzona wrtes: "I just watched the above-

4

EmaIl from Brandon Lawrence to Mitre (October 3, 2008), appended to ths complaint as Exhbit L.

EmaIl from Amy Smith to Mitre (September 17, 2008) (emphasis added), appended to ths complaint asExhibit L. As alleged on 'i'i 24,25,33 and page 13 of'i 34, HBO's linage of Mitre with the Meerut segment hascreated ths false perception that Mitre uses child slave labor in Meerut, India.5 Email from Krstian Rex to Mitre (September 23, 2008) (emphasis added), appended to ths complaint as

Exhbit L.

16 108924,2

referenced report about child slavery in India as a source of manufactue for your products. . . .

What a disgraceful state of affairs for your company. ,,6

41. Gordon Rosenberg of Bend, Oregon wrtes: "I just watched the e)Cpose on Real

Sports about children in India being forced by one of your sub-contractors to sew your soccer

balls all day for nothing. . . . You owe it to all those children who have been forced into slavery

in your name to repay the damages and take further action. . .. I'm a big soccer fan and dislike

the thought that I may be watching games played with balls stitched by enslaved 10-year-olds.,,7

Lyle B. Grimes of Bridge City, Louisiana wrtes: "It sickened me to see the report on the Real

Sports television program. . . . to tu your head and profit off the suffering of poor children puts

you and the other soccer ball slave owner companies at a new low. ,,8 Andrea Bernstein wrtes:

"How shameful that children in India are making your soccer balls. I wil NEVER EVER EVER

EVER EVER buy a Mitre soccer balL. . .. The Amercan news program Real Sports has

uncovered this atrocity. . .. I am telling everyone I know who plays soccer in the US to NEVER

buy a Mitre soccer ball. . . . Your company disgusts me.,,9

v. CLAIMS FOR RELIEF

Multiple Actions for Libel

42. Mitre repeats and realleges each of the foregoing allegations in this complaint as

if set forth fully herein.

43. Each statement made by HBO about Mitre complained of in the preceding

6 Email from Brian W. LaCorte to Mitre (September 17, 2008) (emphasis added), appended to ths complaintas Exhbit L.7 Email from Gordon Rosenberg to Mitre (September 24, 2008) (emphasis added), appended to thscomplaint as Exhbit L.

Email fromLyleB.Gres to Mitre (September 22,2008) (emphasis added), appended to ths complaint asExhbit L.9 Email from Andrea Berntein to Mitre (September 24, 2008), appended to ths complaint as Exhbit L.

17 108924,2

paragraphs is false, disparaging, derogatory, and misleading.

44. Mitre does not use child labor for the manufacture of soccer balls in J alandhar,

India.

45. Mitre does not use child labor for the manufactue of soccer balls in Meerut,

India. No Mitre soccer balls are made in Meerut, India.

46. HBO made these defamatory statements knowing that they were false or with

reckless disregard as to their falsity and that they would har Mitre.

47. HBO broadcast these defamatory statements for the fist time on September 16,

2008 by broadcasting the report containing the defamatory statements. That and subsequent

broadcasts, transmissions and re-publications were viewed by milions of people across the

United States, a more precise number to be known after discovery. HBO subsequently broadcast

these defamatory statements multiple times on September 17, 18,20,22,24,27,28, and October

6 and 7, 2008, for a total of 56 separate broadcasts as identified in E)Chibit K. HBO also made

the report containing the defamatory statements available for viewing on HBO On Demand from

September 22,2008 through October 26,2008. HBO allowed the fuher dissemination of the

report in par or in whole through internet-based outlets as alleged in paragraphs 37 and 38

herein. Each broadcast, transmission or publication of these defamatory statements constitutes a

separate instance of libeL.

48. Such false statements have caused and continue to cause injury to Mitre's name,

mark, business and reputation.

49. As a direct and pro)Cimate result ofHBO's defamation, Mitre has been damaged

in an amount which curently is estimate to be tens of millons of dollars, e)Cclusive of interest

and costs, and to be proven more specifically at tral.

18 108924.2

50. HBO's defamatory words are libelous per se.

51. HBO's false statements were committed with wanton and malicious disregard for

the trth of those statements such that punitive damages are waranted.

VI. PRAYER FOR RELIEF

WHEREFORE, Mitre requests relief as follows:

A. that the Cour declare, adjudge, and decree that Defendant has published false

statements about Mitre;

B. that the Cour issue a permanent injunction against Defendant from the

publication and dissemination of such defamatory and malicious statements concerning Mitre;

C. that for all instances of libel, the Cour award to Mitre all compensatory and other

damages, including e)Cemplar damages, to which Mitre may be entitled for Defendant's

defamatory and malicious statements concerning Mitre;

D. that the Cour award Mitre's attorneys' fees and costs and any and all further

reliefto which Mitre may be entitled or which the Court shall deem to be just and proper; and

E. that the Court award pre- and post-judgment interest to Mitre on any and all

damages awarded to Mitre.

19 108924,2

JURY DEMAD

Plaintiff hereby demands a trial by Jury.

DATED: October 23, 2008New York, New York

Respectfully submitted,

CONSTANTINE CANNON LLP

By: ~ ; -telLl yd Constantine ( C8465)J an Kim (JK8235)Jason Enzler (JE2475)(pro hac, notadmitted)

450 Le)Cington Avenue, 17th FloorNew York, New York 10017Telephone: (212) 350-2700Facsimile: (212) 350-2701

Attorneys for Plaintif Mitre

20 108924.2